State v. Taylor

In July of 2001, undercover agent Robin Jones attempted to buy drugs from Percy Taylor (defendant). Jones approached Taylor in a store and asked Taylor for two rocks of crack cocaine. Taylor directed Jones to meet him in another location. At that location, Jones gave Taylor money, and Taylor gave Jones two off-white rocks that later tested negative for cocaine. Jones subsequently identified Taylor from a photographic lineup as the person who sold her the alleged cocaine. The State of Louisiana (plaintiff) charged Taylor with distribution of counterfeit cocaine. Before trial, Taylor moved to exclude evidence of his 1989 conviction for possession of heroin and 1995 conviction for distribution of cocaine in case he decided to present an entrapment defense at trial. Taylor said that he understood that if he presented an entrapment defense, that is, if he showed by a preponderance of the evidence that a state agent induced him to commit the charged offense, the state would be required to show that Taylor was predisposed to commit the charged crime. However, Taylor asserted that his previous convictions were too far removed in time to have any probative value regarding whether he had a predisposition to commit the alleged crime in July of 2001. Taylor further argued that his previous offenses were not similar enough to the charged crime of knowingly and intentionally distributing counterfeit cocaine. The state argued that Taylor’s previous convictions were similar enough in character to the charged crime to be admissible to show Taylor’s predisposition to commit the offense. The trial court denied Taylor’s motion. Taylor chose not to raise an entrapment defense at trial, and the jury ultimately found Taylor guilty. Taylor appealed to the Louisiana Court of Appeal. On appeal, Taylor argued that the trial court’s evidentiary ruling deprived him of his constitutional right to present a defense.